I was in US(california) from march 2006 - jan 2007 on L1. My wife and kid were on L2. They dont have SSN (I think now its possible to get ssn on L2 ). Now I am back in India and want to file my return with both of them as my dependant. So I think I will have to file W7 for both of them to get ITIN.
1) In form W7 which option (a-h) should I tick in "Reason you are submitting form W7" for each of them?
2) I need to file ITIN for my spouse and kid along with the federal tax return...is it true?
3) Do I need to wait for my spouse and kids ITIN to come before filing CA tax return? or I can do that online?
Thanks,
Pranav

AtlantaTaxExpert

Pranav:

I believe I have already answered your question via email.

Yes, you need ITINs. You will be considered a resident alien if you file jointly with your wife (the recommended method).

You CANNOT file the California return on line. It must be mailed.

pranavtailor

Thanks for the answer to my queries.
As such I have to claim refund on both my federal and state tax returns.
So I think even if I miss the 15th April '07 deadline to file my state return (due to ITIN of spouse and dependant not available), I won't have to pay any penalties am I right?

1100

Yes you have to mail it & you shld not file it online.You can send your W-7 application for ITIN alongwith your return.So that you can file it in time & they start processing on your return as soon as they are done with ITIN.
I think I shld make it clear , it previous reply was quite clear though!

AtlantaTaxExpert

If you file either the federal or the state return late, there is NO penalty if you are due a refund.